Muniz case goes to jury

WICHITA FALLS - An eight-man, four-woman jury began deliberations just after noon Thursday in 89th District Court in the trial against Efrain Muniz.

Muniz, 45, is accused of aggravated sexual assault against his former wife.

Prosecuting attorney Matt Fass and defense attorney Chuck Smith made their case to the jury Thursday morning in closing arguments.

Smith argued the victim was angry, upset and kicked Muniz out of their house.

Smith said they were arguing about taxes, and the alleged victim wanted to get back at him for trying to claim her and her daughter on his taxes.

Smith argued that the victim invited him over, contrary to the victim's statement that he came over uninvited.

Additionally, the victim did not ask her daughter, who was there when Muniz arrived, to stay because she was uncomfortable.

If the sexual advances that continued over an hour span were unwanted, why not call the police? Why not stay locked in the bathroom? Why not make him leave before the situation progressed? Smith asked the jury to consider these questions during their deliberations.

Smith said the reason she called her mother while in the bathroom was because she anticipated setting up Muniz.

The victim's mother called her and told her yes, the police needed to be called, so she knew the police were on their way. That knowledge gave her time to fabricate the incident, Smith argued. This was consensual sex, Smith said. The victim began screaming because she knew police were on the way.

He also urged the jury to examine the panties collected by crime scene technicians. They're not torn or ripped, Smith said, as if ripped off by someone sexually assaulting another person.

"Her actions are inconsistent with someone who is claiming to be sexually assaulted. The state has failed to prove its case beyond a reasonable doubt," Smith ended saying and asked the jury to find Muniz not guilty.

Fass said it was interesting that Smith knew how an assault victim should look and act.

When the victim discovered Muniz cheated on her, she put his stuff on the doorstep, Fass said. That's logical.

She let Muniz in her home that day because they were still technically married and despite the fact that he was drunk, he didn't have a way to leave because his ride left.

He wanted a reason to be there, Fass said.

Fass said the facts prove the case. The police kicked in the door and saw the victim on the love seat with Muniz standing over her. His genitals were outside his pants, and she had no clothing from the waist down.

Officers testified they could hear a woman screaming "help me," "no," and "get off me" from up to two houses away.

Muniz being exposed is evidence that he was trying to force the victim to preform a sexual act against her will.

Fass said the victim's mother was able to hear Muniz telling the victim to "suck it" over the phone the victim used to try to get help.

He thought that was his house, they were married, and he wasn't going to leave, Fass said.

Several inconsistencies lay within Muniz's taped interview with police, Fass argued, like he denied his genitals being exposed even though a jailer told him to zip his pants.

A master plan to get back at her husband? Fass asked the jury.

"What could (the victim) have to gain by making this up?" he asked.

They have no children together, Muniz is not wealthy.

Her demeanor is consistent with a victim of a violent crime and DNA matching Muniz was found on her neck, Fass said, along with blunt force genital trauma.

Fass asked the jury to find Muniz guilty, saying he is a man that feels he can do what he wants with women.